[DMCA-Activists] INTERNETMOVIES.COM appeals to U.S. Ninth Circuit Court against MPAA

[InternetMovies.com / Michael Rossi]

Hello I am new to the list and would like to inform the list about my case with the MPAA. I think there is a chance to change the DMCA with my case. I look forward to your views on the case and any help you can offer.

 

Thanks

Michael Rossi

InternetMovies.com

 

FOR IMMEDIATE RELEASE

 May 12, 2003 

INTERNETMOVIES.COM appeals to U.S. Ninth Circuit Court against federal judge's ruling THAT DMCA does not require MPAA to conduct any investigation to shutdown websites.

     KAHULUI, Maui, Hawaii, May 12 / -- The United States District Court for the District of Hawaii granted the Defendant's motion on April 29, 2003, in regard to the case of Michael J. Rossi d.b.a. InternetMovies.com vs. Motion Picture Association of America (MPAA) et al. InternetMovies.com attorney, Jim Fosbinder said, “The Judge has held that the "good faith belief"  requirement before sending cease and desist letters under the Digital Millennium Copyright Act (DMCA) does not require the MPAA to conduct any investigation prior to sending cease and desist letters to Internet service providers. The same "good faith belief" phrase has been held to require an investigation in hundreds of other federal decisions where the phrase is used in other federal statutes and rules including copyright, trademark, securities and federal rules of civil procedure cases. In the InternetMovies.com case, the MPAA admitted sending threatening letters to the Internet service provider without conducting any investigation.”

     The lawsuit was filed against the MPAA last year, on April 25, 2002 as a result of a series of cease and desist orders issued in March and April 2001, wrongfully accusing InternetMovies.com for distributing unauthorized copies of copyrighted motion pictures and ultimately the wrongful shutdown of the entire web site http://www.InternetMovies.com . One of the downloadable movies noted by the MPAA was “Lord of the Rings: Return of the King”, which is due in theaters in December 2003 and was to be in post production at the time of the cease and desist order. The allegations against the MPAA include interference with contractual obligations, interference with prospective economic advantage, as well as libel and defamation. A settlement agreement was offered to InternetMovies.com by the MPAA if Rossi waived the right to appeal. InternetMovies.com did not settle and will be appealing the decision with the U.S. Court of Appeals of the Ninth Circuit contending that unless a requirement of a reasonable investigation prior to shutting down a web site is read into the DMCA, the DMCA would alter the usual legal relationship of the parties in favor of the copyright holder, providing little or no recourse to the person or business wrongfully accused of violating copyright laws. In addition, InternetMovies.com will be contending that the requirement of the DMCA’s "good faith belief" of alleged infringement has in nearly every other context been held to require a reasonable inquiry or investigation, which was not done by the MPAA prior to the shutdown. InternetMovies.com intends to ask the District Court Judge to reconsider its ruling that a "good faith belief" does not require the MPAA to make any investigation.

     InternetMovies.com is a web site with an online directory of artists' works and Internet news magazine providing information and resources about movies on the Internet. One of the goals of InternetMovies.com is to allow studios and independent artists to distribute digitally secure movies to its membership and duly compensate artists for their works.